MUSIC REHEARSES HIS PART!--He Tells the Story of the Murder of SPENCE and SISSNEY and Who Dit it.
On the assembling of court, Judge BAKER announced that one of the jurors, Mr. S.P. BENNETT, having been taken ill the night previous, would not be able to sit on the jury, and asked the attorneys what they proposed to do about it. The juror was discharged and an other juror selected to serve in his place. The following WITNESSES for the people were then called and sworn: Samuel MUSIC, John DITMORE, H.V. FERRELL, J.W. LANDRUM, Mary C. TIPPY, Wm. HENDRICKSON, Martin DAVIS, Lenard FULLER, Narcissia WAGGONER, Newman GRIMES, H.W. JOHNSON, Monroe ROLAN, Ann IMPSEN, John CRAIG, William ROLLAN, Thomas DUNCAN, James HAMPTON alias Joseph HOSTETTER.. JUDGE ALLEN for the prosecution then addressed the jury for about thirty minutes marking out the line the prosecution would follow. At the conclusion of Judge ALLEN' s remarkes, court adjourned until 1:30 o clock, p.m.
AFTERNOON SESSION.--On the opening of court after dinner, Mr. W.W. CLEMENS for the defendants, presented the case for the defense, occupying the time of the court for nearly two hours. The first witness called was
Dr. H.V. FERRELL, of Carterville, who testified as follows:--I know the defendants. I have known Jep. CRAIN for about four years, and it will be six years in March since I became acquainted with William CRAIN-I speak of him as Black Bill. I knew William SPENCE for about two years, becoming acquainted with him in 1873. On Saturday morning, the first day of August last, Mr. DOWELL told me that Mr. SPENCE was murdered in his store. I was on my way over Crab Orchard. On my way home I went by and saw MR. SPENCE, and saw he was dead. It appeared as if there had been a chair near the door, and as if he had sat down in it and then fallen out of it. There was a number of wounds on his person. Shortly after I was summoned by the coroner to make the examination, and found quite a number of wounds in the region of the stomach and bowels; one shot had entered the right eye and came out the ear. If I remember right he was laying against the door when I first saw him-in his store. The wounds I thought were produced by a shot gun, judging from other wounds I had seen produced by a similar weapon. I probed the wounds but did not extract any shot. I made a written report of the examination and furnished it to the coroner. There were no wounds in his hands. I think Mr. SPENCE died form the effects of the wounds. The killing occurred in July last, in Williamson county, State of Illinois. My attention was called to a bruise that appeared to have been made by the muzzle of a shot gun. I do not remember how many shot entered the body, (at this point the doctor spoke in such a low voice that the reporter lost a part of the testimony) Continuing, Dr. FERRELL said: The front doors to the store are glass above the locks, and the glass was knocked out. The house has what is called a glass front, the glass coming down lower than the panels of the doors. I think there was one pane of glass in the front broken out. I think there was a count on each --- of the store room. The house fronts to the North, but the counters do not come all the way up to the front of the building-there is room to pass between the window and the end of the counter. Mr. SPENCE had fallen down and his left leg was thrown across the chair; his head was to the North. It seems to me that someone said there was a box between the end of the counter and the window, but I don't remember if this was the case. I think Mr. SPENCE had one slipper on. The house is a two story building with stairs in the back end of the store room. Mr. SPENCE' s bed was in the north end of the building. I can't say how many windows there are in the building above the door. Mr. SPENCE told me he was a Scotchman. He had no family there, and roomed alone; he took his meals at Call. WAGGONER' s, some distance north of his store. On cross examination Dr. FERRELL stated that in his opinion SPENCE was shot with some small shot, some large shot and some slugs, judging from the character of the wounds, which were similar to wounds he had seen on HINCHCLIFF, DITMORE, and others. The doctor also testified that to the best of his recollection there was some fifty odd wounds on SPENCE' s person.The cross examination elicited nothing new from the doctor, and hence we omit it.
SAM MUSICK--was the next witness called. MUSICK is an ordinary looking individual, about five feet seven inches high, and heavy set. He is thirty three years of age, and his countenance indicates that he is by no means a teetotale, and would not make a good member of Father LAME' s temperance society. He has ruddy complexion, light gray or blue eyes, long curly hair and light moustache. While his clothing is by no means expensive, he was neatly and cleanly dressed. So far he has given his testimony in a clear, straightforward manner, and without the least apparent excitement. He detailed the circumstances attending the
MURDER OF WM. SPENCE as follows:--My name is Samuel MUSICK; I am thirty-three years of age; I lived at Crainville, in Williamson county, last summer I lived there about twelve months. I was living at Carbondale and Murphysboro before that. I was working for Mr. LANDRUM at Crainville, and drove a team for him. I think I went there in August, and quit his services in 1875-probably in July. I worked for Mr. HODGES about two years, and drove a team. I was at Carbondale and Murphysboro for about 7 or 8 years. I am married; was married in Missouri. I know the defendants. I have known Jep. CRAIN for five or six years, and I have known Black Bill for pretty near a year. I got acquainted with Jep. in Murphysboro. Mr. LANDRUM' s mill is right in town in Crainville, and the house I lived in is right close to the mill. Marshall CRAIN lived close to the mill, and about 50 yards from me. I have no children; Marshall CRAIN had no children. I knew Mr. SPENCE about on year. Marshall CRAIN lived about two hundred yards northeast of Mr. SPENCE' s store. I lived south of Marshall CRAIN' s. Mr. LANDRUM lived fifty yards east of me. One of the defendants is a brother and the other a cousin of Marshall CRAIN-Jep being his brother. He is known as "Big Jep" and lived in Crainville. He is not married. I think I quit work for Mr. LANDRUM in July last, we were not doing much, teaming got dull, and I quit work. I did not go direct from HODGES to LANDRUM; I think I quit HODGES in the winter, and went to LANDRUM' s the next August. I was living at Crainville the last days of last July, and Marshall CRAIN lived there then. He moved a part of his things sometime in July, towards the last of the month and no one occupied the house after he left it. There was a bedstead and some other things left in the house. There was no family that I know of lived in the house after he left; I have seen men in the house after he moved. It was a box house, and stood about twenty steps form the road; the road was only a country road running north and south-called the Marion and Carbondale road.
The funeral of Capt. SISNEY was on a Friday, towards the last of the month. They said they buried him at BULLINER' s. The remains were brought to Crainville, and I saw some of the procession in town-on Friday. Me and Marshall and Jep met in town that evening and went to Marshall's house, and Jep said SPENCE was the next man he wanted killed, and wanted me to go to John BULLINER's and get a gun. I told him I d did not want to do that, for I would be seen; but I said I would go to DITMORE's and get his, and he said that would do. We were to meet back of Mrs. HAMPTON's field on Saturday morning, and if we got there first we were to break some weeds and bushes to let them know we were there, and go on the hill and shoot. The place where we broke the weeds there was a path that turned out of the road. There was two paths at this place, one turned north and the other south; the road was not a public one, and there was no house in sight. I had been along the road but not back of the field before that. Where we met was 2 1/2 or 3 miles south of Crainville, and about one mile from Black Bill's house. We got there about 8 or 9 o'clock and waited until they come. They came about 10 o'clock I reckon. We had some whisky, and talked it over and agreed to KILL HIM THAT NIGHT. Me and Black Bill and Marshall CRAIN were to do it. Marshall and me took the whisky out, we had three pints; we got it at Carterville; I took two pints and Marshall one-it was in pint bottles. Marshall and I started pretty early, and walked to the place together. We got together in the woods close to "Yaller" Bills, and there was two men overtook us-Al. ROBINSON and Joe BULLARD; they were walking and we went to the end of the lane together, and they went one way and we went the other. We broke the weeds and went on the hill and waited.
I don't remember what kind of weeds they were; we broke bushes, too; some of the weeds we broke clear off and put them in the path, and we fired a pistol two or three times. We didn't have a watch, and I don't know what time it was. I am only guessing at the time. I don't remember if it was cloudy or not. We both broke weeds and threw them down in the path; there is only one path there and that is fifteen or twenty feet from the fence. The road is a dim country road on the edge of the hill. We went just on top of the hill when we fired the pistol-it was in the road and two or three shots were fired before the other boys came. I don't remember how near they came before we saw them. We drank some of the whisky while there were there. It was agreed that I was to go home, get some whisky, and meet them in the woods back of "Yaller" Bill's; I don't know who selected the place where we were to meet, but were to meet at dark. There is a ticket where we were to meet. We had dinner that day at Wes. CRAIN's-Jep told us we had better go up there and get dinner. Wes. CRAIN is a brother to Jep. It is one quarter of a mile or more from where the meeting was to Wes. CRAIN's. We went up and found no one at home, but we went in and eat a cold snack, and went back to where we met. Jep. and Black Bill started to Black Bill's, but I don't know what they went there for. I left Marshall at -------, and went home, and then to Crainville and got some whisky, and came back and met him where i had agreed to. I don't remember what kind of clothing the others wore, only Black Bill's. He had on a sharp topped cap, and socks over his shoes or was in his stocking feet. I don’t know if anything was said about his cap. We staid there till it was dark and then went to Marshall's where the guns were. We had no guns when we were in the woods. Marshall had a pistol. There was two shot guns in the house-Marshall took one and me the other-I took DITMORE's. I went after it Friday night and DITMORE did not want his gun to be away form home at night, and I went in the morning, got it and put it in Marshall's house. I was talking to Marshall about the gun, and he gave me the key that night, so if he didn't get there I could put it in the house. I saw him the next morning before I put the gun in the house, and then I went in and put the gun on the bedstead. I think there was something on the bed stead, which stood in the northeast corner of the house. The other gun was put in the house after dark the night before Marshall. We got it out of a hollow tree out in the woods. It was John BULLINER's gun. We had no light in the house, and staid there until nine or ten o'clock; both the doors shut, and we talked very low. I don't remember what we talked about. We had the guns but I don't remember if anything was said about what we were going to do. When we left Black Bill took the gun. I got from DITMORE, and Marshall took the other one. It was 9 or 10 o'clock, and we had been waiting for it to get still and quiet before we went out. WE went out the gate and across the road, east till we got to the store. When we got there, Marshall called to Mr. SPENCE, and said: "Mr. SPENCE," (he called twice) and said John SISNEY wanted to get some shrouding for a child. Mr. SPENCE said he would come as soon as he got his shoes. Black Bill and I was back about ten steps out east of the door, while Marshall was in front of the door. When SPENCE came down Marshall shot him with the shot gun he reached in and shot him with the pistol. SPENCE made a noise-a groan, which was the only noise I heard. When Marshall shot we stepped up to the corner of the house, and just about that time Marshall lobbed a light out of the window on the east side of the house and went in. He broke the light out with the muzzle of his gun I think. He was not in the store ---- than two or three minutes, though I did not see him in the store; he took his gun in through the window. When he came out we started east, and he had a picket book and dropped it, and said there was nothing in it. This was on the railroad track. We went east till we came to Terry CRAIN's lane, and I went to LANDRUM's and then home. Marshall and Bill carried the guns. I said to them, "What shall I do if I am arrested," when Bill said have us subpoenaed and we will swear you clear. When we were in the woods back of Mrs. HAMPTON's field Black Bill said he belonged to the Ku Klux, and Jep asked him if he couldn't initiate us, and he said that he could. Jep named that day that if any of us got in jail and remained in one month or three months, we needn't be uneasy for we would be taken out. Some one said something about getting the keys from 'Old Charley," Jep said, "never mind the keys, mash the door in;"-Old Charley was the jailor at Marion-this was at the field Jep used this language; I don’t know if it was Bill or Marshall talked about the keys; don't remember Jep saying where he was going to stay that night; I don't know which one said it but the reason they wanted SPENCE killed was because they thought he was a spy for the SISNEYS. I have not seen the gun since that night; Black Bill had it last I knowed anything about it; DITMORE lived two hundred and fifty yards from where I lived, in the same village. We met on the evening SISNEY was killed in CRAINVILLE, about thirty yards from the drug store; don't know who mentioned about meeting at the house; I remember before we got there Marshall CRAIN ---- ---- to shoot SPENCE himself; I don't remember if Black Bill had the socks on his feet when he went up to kill SPENCE; it was not a very light night, but was not raining; I did not see any lights on the way up to the store. When we went from the store I didn't think it was over a quarter of a mile till I parted from them and went to bed; did not seem them any more that night; I don't remember seeing any light up stairs before he was shot; did not hear any alarm, as if any was coming. While Marshall was in the house Black Bill called and said to him, "come on they? are coming." Bill changed his voice; Marshall came out right away.
At 6 o'clock court adjourned until 8:30 this evening, when Sam MUSIC will continue his evidence.
EVENING SESSION---Jep wanted me to go to John BULLINER's and get a gun, but said I didn't want to do that for I would be seen; and I told him I would get DITMORE's gun, and he said that would do; we told him we had the guns, and where they were; I don't remember what Jep said; I knew Marshall CRAIN about a year before this occurrence; I don't know how long we had lived neighbors?; he came there after I moved to ---------; he made me a confident from about the first of July-it was between the fifth and the tenth when I found it out; there was a lane back of Mrs. HAMPTON's field where we broke the weeds; it was near the north end; it run north and south; I don't know if it was traveled by wagons or not; I think it was wide enough; Wes CRAIN’ s was southeast, and we went through a cornfield to his house; I don't know the given name of Mrs. HAMPTON; it was about 3 o'clock when Jep and I and Marshall went down to the old house; I was drinking at that time and don't remember correctly; I first told about this thing to Mr. LANDRUM at Marion, Williamson county.There was no house in sight where we met in the woods back of Mrs. HAMPTON's house was southwest, but don't know what distance form the place; the farm on the cast of the lane was near a quarter of a mile long; I was at the same place the next Sunday evening after SPENCE was killed on Saturday night; I was never there after that time; SPENCE was killed in July, in the last of the month, and I was arrested about the 13th of September, and taken to Marion and put in jail.Q-State if you made any statements soon after you were put in jail to persons about the breaking of the weeds you have spoken of near Mrs. HAMPTON's field? Question objected to; objection overruled, and exceptions taken. I did the evening after I was put in jail, to Mr. LANDRUM, Mr. HARTWELL and Mr. NORRIS; I told it to Mr. LANDRUM first, when there was no one present but me and him; that was after I was in jail; it was in the evening I spoke to LANDRUM about it; I told it to LANDRUM first; the cap Black Bill wore was speckled, white and blue I think; the spots were small; I did not have my hands on it; I don't know if he had it on in the old house; we had whisky back of the field; when we met nothing was said about how Jep and Black Bill came; they were there when I got there; I don't know how Black Bill got to Crainville, I did not hear him say; Marshall stood not far from the door at SPENCE's when he shot-probably not more than three or four steps; I don't know if he fired both shots a one both barrels went off at once if he did; I did not examine DITMORE's gun when I got it and don't remember if anything was said in the house about the guns being loaded; going out I did not go on the railroad track; in going to SPENCE's some times we were together and sometimes one behind the other.